Covenant Regarding Real Property 2005-0991568
,', '- . 5916, ,- -- -- .
fi~.. RE.b"OING REQUEST BY l IIIIIIIII~I mlfJjl~IIIIIIII~I~li"ijll ~~I]II"~mlllll,
I' CITY OFPOWAY )
) NOV 16 2005 1001 AM
1'C6JV WHEN RECORDED MAIL TO: ) "'F" L" - -.-
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) =,:,:'."N~ ~;I~I:iU C(lur'Jrl F:ECUF'i['EF:":o OFFII E
. CITY CLERK) "'ffE'LE'-iUfl"" It.IIHI ::::'1.1111, F,ECUF:C'EH
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CITY OF POWAY) fCbES I:
POBOX 789) .
POWAY CA 92074-0789 ) 11111111111111111111111111111111111111111111111111111111111111111111111111111111
) 2005-0991568
No Transfer Tax Due ) (This space for Recor,der,'s US~1
COVENANT REGARDING REAL PROPERTY
Maderas Country CluQ; LLC, PROPERTY OWNER ("OWNER" hereinafter) is the
owner of real property described below and made a part hereof and which is commonly
known as Assessor's Parcel Number 277-170-06 ("PROPERTY" hereinafter)
Parcel 3 in the City of Poway, County of San Diego, State of California, as shown
on Parcel Map No 17989, filed in the office of the County Recorder of San Diego
County on February 25, 1998 as File No 1998-99090 of Official Records.
In consideration of the .approval of (CUP) 90-13M(4), by the City of Poway
("CITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached
resolution (Exhibit A)
This Covenant shall run with the land and be binding upon and inure to the
benefit of the future owners, encumbrancers, successors, heirs, personal
represelitatives, transferees and assigns of the respective parties
In the event that (CUP) 90-13M(4) expires oris rescinded by City Council at the
request of the OWNER, CITY shall expunge this CovenaRt from the record title of the
PROPERTY
In the event of litigation to 'enforce the provisions of this. Covenant, the prevailing
party shall be entitled to full reimbursement of all costs, inc:luding reasonable attorneys:
fees, from the other party
OW~R
Dated 11/.2. 5" jp~ By' .'
, I / Ur; Feldman (Notarize)
Dated !/)/tZ.!fJ5 By
, pment Services
03 -20$
· · 5917
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State 01 california.} J
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County of . (Ln DI~ <:> 1
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1 On Oe.-+ '25, Z-oCS before me, ~;Su.. G. S'n C'f rJoh." Rld,~ ,I
Dale U hi Name and Title of 0 OCI"!e.g" 'Jane Ooe, NolaryPubh " 1
1 personally appeared rt J rY1 UV1 . ,I
Name(s)ofS'gner(s)
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[ )(1 personally known to me 'J
, 0 proved to me on the basis of satisfactory
evidence
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I' to be the person~ whose nam,*", islare- 1
t, subscribed to the within instrument and J
I, ~ L1SAA. SNYDER acknowledged to me that he/31,c,'lhc, executed I
t, 'Commission# 1336441 z! the same in his/Aeft#te1r authorized ,1
I, ~. NotaryPublic - California ~ capacity(i<>ej. and that by hisA,e,iU ,e;, 'I
I. i ~. San D18go County t - signature(sl on the instrument the personfsj, or 1
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l' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;:1
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,:' Description of Attached Document ~
:' Title or Type of Document: Covc.nun-f-1(e5a.rd1r13 ~C1( ~e.rf.!J ":
I. Document Date: .r () , Z5 - 2-00 S Number of Pages: I '
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I' Signer(s) Other Than Named Above: rill:...! I (;,-t-z. "
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. EXHIBIT A. .
591'8
RESOLUTION NO P-05-59
A RJ:SO~lJTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALlITORNIA
APPROVING CONDITIONAL USEPERMIT'90-13M(4) AND
DEVELOPMENT REVIEW.(DR)'05-08
ASSESSOR:S PARCEL NUMBER 277"170-06
WHEREAS, CUP 90"13M(4) and DR 05-08 were submitted by Sunroad Enterprises,
Applicant, to modifY the existing CUP for the MaderasGolf Glub ,to allow continued use of
temporary' structures and receivwapproval to constructan approximate 7,500-square-foot
permanent events.and office building that will replacethe.ter:nporary'structures on the site
located at 17750 Old Coach Road, in ti;)e Planned ComJnunily zone, and;
WHEREAS; on September 6, 2005, the City Council held a duly advertised public
hearing to solicit comments from the. public, both pro and con, relative to this application.
NOW, THEREFORE, BE! IT RESOLVED by theCity'Council of the City of Poway as
follows:
Section 1. The proposed project was addressed in, and is within the scope of the Final
. .
Environi'Tfentallmpact Report (EIR)for the <DId Coach Golf Estates project certified by the
City Council in May 1990 (State Clearing House Number 90010015). Nbadditional
environmental review is necessary
Section 2: The findings; in accordance with Section 1748:070 of the Poway Municipal
. _. ...c.-,.;. .
Code (P:M.C ) for CUP 90"13M(4) concerning the extended,:use of temporary'structures at
the site are made as follows:
A. The proposed location, si:;::e, design, and operating characteristics of the temporary
structures are in acco[d',Yith the title and purp'o'se of Chapter 17 48 of the Poway
Municipal Code ,(Conditional Use Permit Regulations); the General Plan, and the
developmentpolieies'~ni:fstandards of the City in thatthe facility has been designed
such thatit will not result ibimpacts to the surroqn(jLr]g community
B The location; size, design, and operating characteristics of the temporary structures
will be compatible with and will not adversely affect or'be'materially detrimental to
adjacent uses, residents, buildings, structures, orna1uralresources in thaUhe faeility
has' been designed and: sited such that it will not:result'in,impacts to the surrounding
community
C the temporary structures are in harmony with the'scale, bulk, coverage"and density
of, and are consistent with, adjacent uses -in that the structures are located on a
commercial golf course project.
D There are adeqljate pljRlicfacilities,services,and utilities available at the subject site
to serve the structures.
. . 5919
Resolution No P-05-59
Page 2
E. There will (not beq harrT)ful effect upon the desirable surrounding property
characteristics in that the temporary structures have been designed, sited, and
screened such that it will not result in an impact to the surrounding community
F The generation of traffic wilL not adversely impact tbecap,aCity and physical character
of the surrounding streets and/or the Circulation Element of the General Plan.
G There will not be sigriific;antharmful effects upon environmental quality and natural
resources in.that the temporary structures. are locatedgn a developed property and
do not involve the removal' of natural habitat resources.
H. That the potentiaL impacts, and the proposed location, size, design, and operating
characteristicsoHhe.tei'ijpofcjry structures will not bel materially injuriousto'proP!'lrties
orimproverhents in the vicinity, nor be contrary to the adopted GeneralPlan, in that
the facility has been designed and sited such that it will not result in any adverse
impacts.
Section 3 The findings, in accord,ance with Section 1,152 ofthe Poway Municipal Code,
for DevelopmenlReview 05c08fbf the construction ofa 7,500 squarefootevents building on
the site are made as follows:
A. The building has been designed to comply with. all City development standards.
It will not create,a n,egative visual impact a's viewecLfroriithe street and neighboring
properties. Proposedlandsc<;tpingwill soften the buildihgfrom such views. Exterior
building colors arid niaterials will help the building blend in with surrounding
development Therefore; the building respects the interdependence of land values
and aesthetics to the:benefit of the City,
B The building has been designed to comply withall'Citydevelopment standards and
designed to be in character with eXisting development in the area. Therefore, the
proposed usedoesnc5t conflict with the orderlY, and harmonious appearance of
structures and property withih the City along with, associated facilities, such as, but
not limited 10>, signs~ landscaping, parking areas ahd streets:
C There are ,public facilifies, services and utilities ,available. No sighificant traffic
impacts will occur with"thisdevelopment TI1El project; will otherWise conform to all
Cityordinan~es. Therefore, the proposed pi'ojectdoes not detract from the
mairitenancebf the'public health, safety and generalwelfare, and property throughout
the City
D Ihebuilding is designed to be consistent in:design with surrounding development
Therefore, the, proposed development respects the public concerns for the aesthetics
of developments
. . 5920
Resolution No P-05-59
Page 3
E. The proppsed p-r(jjett will meet the required design regulations and will otherwise
cqmplY,With all of the relevant codes and standards of the City of Poway Therefore,
the proposal does not have an adverse aesthetic" health, safety or architecturally
related impact upon existing adjoining properties, or the City in general.
Section 4:. The City_ Cguilcil hereby approves CUP 90-13M(4) amending the existing
CUP for Maderas Golf Club to allow,continued use oftemporary structures and approves
DR 05-08 for the construction of an approximate 7,500"square~foot events building, as
shoWn on plans dated July 21..2005, to replace the tempor?rystructures on the site.located
at 17750 Old Coach Road, in the Planned CommunitY zone, subject to the following
conditions:
A. AlIwigrCol;iditi9ilsofApprova]and mitigation measures shall apply from CUP90c13,
DR 98"35, TPM 92-04 and Specific Plan 89-01
B Approval of this8UP and DR request shall apply only to the subject project and shall
not waive compliance. with all sections of the .'Zoning Ordinance and all other
applicable City Ordinances ih effect at the time,of Building Permit issuance.
C Within 30 days of the date of this approval: (1) the applicant shall submit in writing
that all Conditions of Approval have been. readanc;:f unger-stood; and (2) the property
owners shall execute'a Covenant Regarding Real Property
D The use conqitiol}ally granted by this approval shall not be conducted in such a
manner as to interfer-ewiththe reasonable use and enjoyment of surrounding uses.
E, The applicant shall obtain a Building Permit for the building approved under DR 05-08
by June 1, 2006. Construction of the building shall commence by September 30,
2006. If either of these deadlines is not met, the temporary structures on the site shall
be removed immediately: Ifboth of these deadlines are met, the temporary structures
shall be permitted to remain on the site until the issuance of a Certificate of
'J .,'
Occupanc:y for the new building.
F Prior to Grading Permitis~uance, unless other' timing is indicated, the
appHcanUdeveloper shi311 complete the following. (NOTE. Because of the absence of
adequate (jevelopmelit plansforconditioning,ofttiis'project to make a determination
whether a Grading Permit is required, it is herebyassur'ned as need,ed unless the
applicant can prove to the City that the project falls under the EXCEPTIONS for
permit requirement under Section 1642.010 ofthe PoWay Municipal Code. Ifthe
projectis found. exempt from a Grading Permit requirement, a precise grading plan is
not required. However, all other conditions still apply')
. . 5921
Resolution No P-05-59
Page 4
!
(Engiriee'ring)
1 Submittal to the City for review andapPfoval,.qf precise grading p'lans, erosion
control plan, stormwater pollution prEl\iention I?lari, Grading Permit application
and' geotechnical rep(xt/s to the DeVelopment Services Department.
2. Gr,ading of tne'Rrojf'ct shall be in accordance with the Uniform Building Code,
City Grading Ordinance, City Storm Water. Management and Discharge
Control Ordinance; and Standard Urban S.torm'Water Mitigation Plan.
3, A drainage sY~lElr:n capable of handling and, disposing of all surface water
originating within the development andalLsurfacewater that may flowonto the
development.from adjacent lands shall be constructed.
4 Emsion control,including, but not Iim,ited tp, de siltation basins, shall be
installed and maintained'from October 15tl] to April 15th. An erosion control
plan shall be prepared 'bY the project civil,engineerand shall, be submitted as
part of the grading plan. The applicant/developer shall make provisions to
insure properrnaintenance of all ems ion contml devices.
5 A,storm water man.agement plan shall bepre"pared. The plan shall identify the
measurl;lS tl:lat wiWb~ used for stormwater.andnon"stormwater management
during the permitted activity
6. ARight-of-WayPermitshall be obtained fro!l1t.tl]eEngineering Divisioriof the
Development'Services Department for any Work 'to be done in public street
rights-of.way'orCity-held easements.
7 The applicant/developer shall pay the following fees and grading securities.
a. Grading per.mit, plan checking, il"!~pectio.n, Right-of-Way Permit (if
needed),;andgebtechnical review fees, Trhe Grading Permit fee shall
be paidatJirst submittal of grading plans.
b. Posting and/or payment of grading securities.
8 City approval ofsbils report and grading plans.
9 Submittal of a request for and. hold a pre-construction meeting with a City
Engineering Inspector, Theapplica.nlfdi:litelopershall be responsible that
necessaryinQividuals, such as, but notlimited:to, contractors,subcontractors,
pmject civil engineer and project soils engineer. must attend the pm-
construction meeting.
. . 5922
Resolution No P-05-59
Page 5
(Pla-nning)
10 A detailed site plan; prepared' pursuant to the City's site plan preparation
stancJards included in the checklist, andthe:concept site plan approved under
DR05-08, shall be prepared and submitted for review and inclusion into the
project file.
G Prior to construction of plJblic improvements, unless other timing is indicated, the
applicantldevelopers,hall complete the following. (NOTE. Because of the absence
of adequate development plans for conditioning of. this project, to make an accurate
deterrhiriation whether:construction of public improvemellts is required it is assumed
herein,thatadditlonalfire hydrants shall be instg/leg whEmdeemed necessary by the
<:;ity Fire:Marshal. Additional fire hydranUs,instaljation shallinclude, but notlimited to,
extension of the water main and construction of appiJrtenant devices.)
(Enqineerinq)
t, Submittal of improvement plans to the Development Services Department for
review and approval of the following improvements. (NOTE. If there are no
public improvemfints to be required, then this condition does not apply)
a. Fire HydrailUs ~..to be installed at locations determined by the City Fire
Marshal.
Improvements shall be constructed in accordance with City adopted
standards and specifications, the latest adopted edition of the Standard
Specificatiol],s for'Pubiic Works Construction and its corresponding San
Diego supplemetlts, and the current San Diego Regional Standard
Drawings.
2. The applicalJUdeveloper shall pay the following fees and post or pay
appropriate se.curities:
a. Improvement plan checking al1djnspection fees.
b: Performance a lid Rayment securities. These securities may bewaived
by the City Engineer if a substantial amount of grading is completed
prior to installation of public imRr9Vf)m.ents and there is sufficient
amount ofgradings,ecurities, still held by the City to complete the
remainder of the grading works and public improvements.
c, Right~oFWay and/or Encroachment Permits, if required as hereupon
mentioned
3 Submittal of a request for and hold a. pre~construction meeting with a City
ElJgineeringlnspector The applicant/developer shall be responsible that
necessary individuals, such as, but not limited to, contractors, subcontractors,
. . 5923
Resolution No P-05-59
Page 6
project 'civil engineer and project soils en-gineer must attend the pre-
construction meeting,
4 A Right-of-WayPenmitshall be obtained from the Engineering Division of the
Development Seryic;es Department for anY work.to be done in public street
rights-of-way orCitycheld easements.
5 No private improvernents shall be placed or constructed within public street
rights-of"wayorCity easements unless anyone.of the following is satisfied:
a. An Encroachment Permit has been issued by the City for the
improvem.ents; or
b An Encroachment Removal Aweementhas been executed by the
developer/owner and subsequently approved by the City; or
c. Appro\ial.ofgrading or improvernent plans, on which a Right-of-Way
Permit has been issued for the private improvements shown to be
constructed.
The ,City reserves the right to choose any or all of the above, under certain
circumstances when City deems necessary
H. Prior to Building Perrnitissuance, unless other timing is indicated, the following
conditions shall be satisfied
(Planning)
1 A building material,? a~d color board shall be submitted and approved
Materials,and colorsJ.shall be muted earth tones and shall be compatible with
existing Clubhouse and residences in the vicinity
2. A detailed landsc;i'lping and irrigation plan, and plancheck fees, shall be
submitted and apJ:>r6\ied
(Engineering)
3. Completion of and approval by the City of rough grading ofthe project site
4. City approval of the soils compaction report.
5 City approval of a certification of line and ':grade. The certification shall be
prepared by the projects civil engine_er or City,approved designee.
6; Payment of devel9prnentJees to the City, unless other, payee is indicated. The
fees and the corresponding amounts are asfollows'andare'subjectto change
. . 5924
Resolution No P-05-59
Page 7
withol!tfu,r,thern-otice. The amounts to.be.paid shall be those in effect at time
of payment.
Water base. capacity fee (if new and/or additional water meter is to be
installed)
For 0/." meter = $ 3,71000 per meter
For 1." m~ter = $ 6,678.00 per meter
For 1 y," meter = $10,388,00 per IT]eter
Other meter'sizes = Contact EnginEler-ing Division
Water meter fee (ifnew and/or additional water meter is to be installed)
For W hJeter = $ 130 00 per meter
For 1" meter = $270 OO.per:meter
For 1%" meter = $ 600 00 per meter
Other meter sizes = Contact Engineering Division
SDCWA System cllpacity charge (if new and/or additional water meter is to
beinstalled).- To b'epaid by separate check, payable to San Diego County
Water Authority, but remitted through the Gityof Poway
For 0/." meter = $ 3,98500 effective 8-1e05
For 1" meter = $ 6,37600 effective 8-1-05
For 1 y," meter = $11,955 00 effective 8-1-05
Other meter-sizes = Contact Engineering Division
SDCWA Treatmehtcapacity charge (ifnewa[ld/oi additional water meter is
to be installed)- To be paid by separate c,heck, payable to San Diego Gounty
Water Authority but remitted through the City of Poway
For W meter = $153 00 per meter, effective 8-1-05
For 1" meter = $245 00 per meter, effective 8-1-05
For 1Yz" meter = $459 00 per meter, effective 8-1-05
Other meter sizes = Gontact EnginE;le'ring Division
SeV:/,ercol1nectioWfee = $7,651 68* (forG:8 EDU).
. .(3.8 EDUx $3,356 per EDU) -(40Wox 3.8 x $3,356) = $7,651.68
Where: 3.8 EDU = 7,500 SF+ 2,000 SF (EDUis roundedto nearest
tenth)
7,500 SF is building area
2,000 SF of building area is 1 EDU
40% represents prior payment made in sewer reserVation by
others
. . 5925
Resolution No P-05-59
Page 8
Sewer Indirect Benefit ,Fee =$4,800,00**
** ($500.x 9~6 EDU) = $4,800,00
Where. $500 00 Indirect benefit c:harge per EDU
9,6. EDU = 3.8 for Hie 7,500 SF events building + 5.8 EDU
sh()rtag~ for the approval, of CUP 90-13(M), DR 98-35 and
VAR.99-12, Resolution No P"OO~03 The Indirect Benefit fee
for 5:8 EDU was not collected in conjunction with previous
project entitlement.
Sewer c1eanoutfee = $50 00 per c1eanout (if new lateral is installed)
Sewer c1e..ii'oliUnspection fee = $25.00 per c1eanout
Traffic mitigation fee = None
Drainage fee = None
Park fee = None
7 The applicant. shall comply with the latest adOpted Uniform Building Code,
National Electric Code, and all other applicable'codesand ordinances in effect
at the time of Electrical/Building Permit issuance,
8 School impact fees shall be paid at therateesti'lt;>lished at the time of Building
Permit issuance. Please contact the Poway School District for additional
information at(858) 679"2570
I. Prior to City:s approvaLfor occupancy and release of securities, unless other timing is
indicated, the following conditions shall'be satisfied
1 Completion of public improvements.
2, CitY'approval of record drawings of theigrading and improvement plans,
3 Dedication of a 2000-foot wide easement to the City for new public water
Iines"if,any A $1 ,000'00 processing fee shall be paid to the City for-each new
ea'sement dedication.
4 A Maintenance Mechanism Agre~inent for maintenance of all storm water
BMPs(Best Management Practices), satisfactory to the Director of
Development Services, shall be prepared and subsequently'recorded.
. . 5926'
. Resolution No P-05-59
Page 9
5 Postingofa warranty bond forme constructed public improvements. The City,
however, reserves the right to waive this requirement under appropriate
circumstances.
6 Grading securities shall be released only upon completion of the project and
upon City approval of the record drawings of the grading plans.
7 Performance, securities for public improvements, if posted and separate from
the grading securities, shall only be reduced twice before completion of
improvements.
8 Payment securities and remaining performance securities, if any, shall be
released no sooner than 90 days after City'siacceptance of improvements,
posting of warranty security, and approval of:record drawings.
J. The following shall be provided to the satisfaction ofithe Director of Safety Services:
1 Roof covering S~?J! be fire retardant as per UBC Sections 1503 and 1504 and
City of Poway0i'dinance No 64
2. The building shall display its numeric address in.a manner visible from the
access street. Mini[YIum size of the buildihg ;hlmibers shall be six inches on
the front facade of the building. Building. address shall also be displayed on
the roof in a mariner satisfactory to the Director of Safety Services, and
meeting Sheriff's Dept. - ASTREA criteria.
3 Every building hereafter constructed shall De accessible to Fire Department
apparatus by wi1yof access roadways with all-weather driving surface of not
less than 20 feet of unobstructed width, with adequate roadway turning radius
capable of supporting the imposed loads,of fire apparatus having a minimum
of 13'6" of vertical clearance. The road SUrfCicj'Jtype shall be approved by the
City Engineer, pursuant to the City of Po way Municipal Code.
4 The buiidingwlll be required to install an approved fire sprinkler system
meeting P.M.C requirements, The entire system is to be monitored by a
central'monitoring company D6ubledetector check valve assembly and
system postcindicator valve(s) with tamper switches shall also be monitored
These fire protection devices shall be located by the City Fire Marshal prior to
installation.
5 An automatic fire alarm system shall be irtstcjlled to approved standards by a
properly licensed contractor. Systemshall,be completely monitored by a U.L.
listed central station alarm company or proprietary remote station.
. . . 5927
. Resolution No P-05-59
Page 10
6. Ahood.and duct extinguishing system:may be installed for all cooking facilities
within the kitchen area. Plan's to. be l'fubrriitted and approved, prior to
installation.
7 A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal.
8 Permanent ac.c~ss:roadways for fire apparatus shall be designated as 'Fire
Lanes' withapproprigte signs and curb markings,
9 Minimum 3AAOBC fire extinguisher required ,for'every 3;000 square feetand
75' travel distance
10 If an elevator is inst<:J"ed, it shall, be sized to accommodate a normal hospital
gurney Miriimurridimensions for the inside car-platform shall be 6'8"wide by
4'T' deep
11 The addition of an on-site fire hydrants may ~ybe required, The location of
the hydrantsshall;be determined by the City Fire Marshal.
12, Fire sprinkler riser(s) shall be located within'ten (10) feet of an exterior exit
man door or shall be.located inside an enclosed closet-with an exterior access
. ..
man door 000rshall be labeled with C! siQl1,indicating"Fire Sprinkler Riser"
Door shall be:JabelE;ld \!'lith a sign indicating ".Fire,Sprinkler Riser," When the
closet method.is,chosen, applicantshall provide 36 inches of clearance from
the standpipeor,attached additional risers, accessible by a 3'-0" man door
J Upon establishment'ofthe private school, pursuant to CUP 04-06, the folloWing shall
apply'
(Planning)
1. The facility shall' be:Qperatedil] such a ri1anneras to minimize any possible
- . .,- - --
di!>tuption caused bY'noise At no time shall equipment noise from-any source
exceed the noise standards' contained in the Poway Municipal Code, No
loudspeaker sound amplification system shall beused,outside the building.
2. All lighting fixtures shall be hiaint~ined such that they reflect light downward,
away from any road or'street, and away from:any adjoining premises.
3. The parking areas, driveways and landscape' areas shall be well maintained,
. . /1.3-
5928
-
. Resolution No Pe05-59
Page 11
PASSED; .ADOPTED al'ld APPROVED by the City C6i.mdl of the City of Poway,
State of€alifornia, this 6th day ofSepterhber 2005
ATTEST
~
STATE OF CALIFORNIA )
') ss.
COUNTY OF SAN DIEGO)
I, L. Diane Shea, City Clerk ofthe City of Poway, do hereby certify under penalty of
perjury thatthe foregoing, Resolution No. P-05-59 was. duly adopted by the City Council
ata meeting of said City Council held on the 6th day of September 2005, and that it was
so adopted by the following vote:
AYES BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES NONE
ABSENT REXFORD
DISQUALIFIED' NONE
~,~
. an8 Shea, City Clerk
City of Poway